2001/11/05Council met on Monday, November 5, 2001 at 4:45 p.m. in Committee-of-the
Whole. All members of Council, were present. Alderman Shirley Fisher presided as
Chairman.
Following consideration of the items presented, the Committee -of -the -Whole did not
rise to report in open session.
READ AND ADOPTED,
R.O. KALLIO, ACTING CITY CLERK
TWENTY- SEVENTH MEETING
COMMITTEE-OF-THE-WHOLE
REGULAR MEETING
Council met on Monday, November 5, 2001 at 6:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, with the exception of
Alderman loannoni, were present.
Committee Room #2
November 5, 2001
WAYNE THOMSON, MAYOR
Council Chambers
November 5, 2001
Mr. David Chubb, Music Director, Westlane Secondary School and members
of the Westlane Concert Choir performed "Oh Canada" for members of Council.
Mr. Chubb provided background information on the activities of the choir and
extended an invitation to members of Council and the community to attend the Westlane
Secondary School Remembrance Concert featuring the Westlane Concert Band Choir
on November 8, 2001 with donations going to The Red Cross Relief Fund; he further
indicated that the Westlane Secondary School band would be interested in being the
concert band and concert choir for the City of Niagara Falls.
Following the presentation, it was ORDERED on the motion of Alderman
Hendershot, seconded by Alderman Fisher, that a letter of congratulations be forwarded
to the Westlane Secondary School band on their initiative and further, that the comments
of Mr. Chubb be referred to the Parks, Recreation and Culture Department in order that
they look into any areas that they can utilize the band and assist them in their activities.
The motion Carried with Alderman Campbelll abstaining from the vote on a conflict of
interest and with all others voting in favour.
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ADOPTION OF MINUTES
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot,
that the Regular Minutes of October 29, 2001 be adopted as printed. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Campbell indicated a pecuniary interest on the matter dealing with
Westlane Secondary School because he is employed by the District School Board of
Niagara.
Alderman Craitor indicated a pecuniary interest on Report F- 2001 -66, Cheque Nos.
263359 and 263263 because a member of his family is employed by the Region.
Alderman Fisher indicated a conflict of interest on Report F- 2001 -65 from Corporate
Services Committee and on By -law Nos. 2001 -234 and 2001 -235, dealing with the railway
acquisition, because members of her family are employed in the area adjacent to the
railway line.
Alderman Orr indicated a conflict of interest on Report F- 2001 -65 from Corporate
Services Committee and on By -law Nos. 2001 -234 and 2001 -235 because she is
employed by the Casino.
Alderman Volpatti indicated conflicts of interest on Report F- 2001 -66, Cheque No.
263391, from Corporate Services Committee, because her husband is a member of the
organization; and indicated a conflict of interest on Report F- 2001 -65 from Corporate
Services Committee and on By -law Nos. 2001 -234 and 2001 -235 dealing with the railway
acquisition, because a member of her family is employed by the Ritz Motel, which owns
lands abutting the railway lands.
Niagara Falls Minor Hockey
MAYOR'S REPORTS. ANNOUNCEMENTS, REMARKS
His Worship Mayor Thomson referred to recent meetings dealing with the Niagara
Falls Minor Hockey issues and that the parties involved had come together to resolve the
differences and referred to Schedule A as part of the negotiations of the meeting.
The Chair of the ad hoc committee presented the final report of the ad hoc
committee on Niagara Falls Minor Hockey Association to Council along with the
recommendations and conclusions of the committee.
Following the report, the Chair of the ad hoc committee commented that City staff
had interfered and obstructed his attempts to acquire further information into the Niagara
Falls Minor Hockey matter and stated that flagrant disrespect had been shown to the office
of Alderman from the various levels of City hall.
Following some discussion, it was ORDERED on the motion of Alderman
Pietrangelo, seconded by Alderman Feren, that the allegations made by the Chair of the
ad hoc committee on Niagara Falls Minor Hockey be referred to staff for a full investigation
and brought back to Council. Carried Unanimously.
Discussion ensued with respect to the conclusions and recommendations as
outlined in the final report of the ad hoc committee and that the committee be held
accountable for the report.
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Alderman Puttick requested that under the Minutes of Settlement, that the ad hoc
committee on Niagara Falls Minor Hockey Association be disbanded.
Following further discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Volpatti, that the ad hoc committee on Niagara Falls Minor Hockey
Association be disbanded. The motion was Defeated with Aldermen Campbell, Feren,
Fisher, Hendershot, Pietrangelo and Volpatti voting contrary to the motion and Aldermen
Craitor, Federow, Orr, Puttick and Wing voting in favour.
COMMUNICATIONS
Communication No. 217 The Niagara Parks Commission Re: Winter Festival of
Lights Fireworks Displays. The communication requests permission to carry out
fireworks displays on behalf of the Winter Festival of Lights event on the following dates
and times: November 17, 2001 at 5:25 p.m., November 23, 2001 at approximately 9:00
p.m., December 26, 2001 at approximately 9:15 p.m., December 31, 2001 at approximately
9:00 p.m. and at Midnight; and on January 19, 2002 at approximately 9:00 p.m.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
request be approved. Carried Unanimously.
REPORTS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the
actions taken in Corporate Services Committee, earlier this evening be approved:
Adoption of the October 1, 2001 Corporate Services Committee Meeting Minutes;
That an advertisement for the Blue Light Program be approved; in addition, that a grant for
the difference between the advertisement cost and $1,000 be approved;
Report L- 2001 -65 Body Rub parlour Enforcement Update that the report be received for
information;
F- 2001 -65 Financing the Acquisition of the CN /CP Railway Corridor
that the Corporate Services Committee approve an application be made to The
Regional Municipality of Niagara to issue debentures up to a maximum of
$12,500,000 for the City's share for the acquisition of the CN /CP Railway Corridor
that the Corporate Services Committee approve interim financing of $12,500,000
from the City's financial institution for the purpose of paying the City's share for the
acquisition of CN /CP Railway Corridor;
that the Corporate Services Committee approve an application be made to The
Regional Municipality of Niagara to issue debentures up to a maximum of
$5,000,000 for the City's obligation for the demolition of the International Bridge;
that the Corporate Services Committee approve obtaining a Letter of Credit for
$4,000,000 plus CPI from the City's financial institution for the purpose of providing
security for the City's obligation for the demolition of the International Bridge;
that the Corporate Services Committee approve budgeting annual payments of
$100,000 for five years, or up to a maximum of $500,000 for the purpose of paying
the City's obligation for the maintenance of the International Bridge;
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that the Corporate Services Committee approve budgeting approximately $675,000
for the purpose of paying the City's share of due diligence investigation and closing
costs;
F- 2001 -66 Municipal Accounts that the Municipal Accounts totalling $1,313,413.83 for
the period ending November 5, be approved;
Communication Re: 2002 Budget Schedule that the communication be received for
information;
That staff report on the status of Development Charges for the permanent Casino;
That the mandate of the Ad Hoc Committee on Animal Population Control be amended to
include rabbits and a review of the fine levels.
The motion Carried with Aldermen Craitor and Wing voting contrary to the motion on
Report F- 2001 -65 and Aldermen Fisher, Orr and Volpatti abstaining from the vote on
Report F- 2001 -65 on conflicts of interest previously noted; and Aldermen Craitor and
Volpatti abstaining from the vote on Report F- 2001 -66 on conflicts of interest previously
noted and with all others voting in favour.
See By -law No. 2001 -234
See By -law No. 2001 -235
See By -law No. 2001 -241
MW- 2001 -150 Chief Administrative Officer Re: Contract 2001 -01; 2002 -2004 Street
Light Servicing Contract, City Wide. The report recommends that the unit prices
submitted by the low tenderer, Ground Aerial Maintenance Services Ltd., be accepted and
the by -law be passed.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
See By -law No. 2001 -236
MW- 2001 -151 Chief Administrative Officer Re: Award of Contract 2001 -15; Supply
of Services for the Snowplowing of Parking Lots. The report recommends the
following:
1. That Dominion Paving Company be awarded the contract for the supply of services
for snowplowing of parking lots designated in Area 1;
2. That Ken Warden be awarded the contract for the supply of services for
snowplowing of parking lots designated in Area 2;
3. That Somerville Landscaping be awarded the contract for the supply of services for
snowplowing of parking lots designated in Area 3;
4. That the by -laws appearing on tonight's Council Agenda be given the necessary
readings to authorize the execution of the tender for the supply of services for
snowplowing of parking lots in area 1, Area 2, and Area 3.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously.
See By -law No. 2001 -237
See By -law No. 2001 -238
See By -law No. 2001 -239
MW- 2001 -152 Chief Administrative Officer Re: Sewer Cash Diverted to Casino.
The report recommends that this report be received and filed.
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ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the report be received and filed. Carried Unanimously.
Following some discussion, it was ORDERED on the motion of Alderman Feren,
seconded by Alderman Craitor, to proceed with the sewer project on Ash Street. Carried
Unanimously.
R -2001 -49 Chief Administrative Officer Re: Landscape Development of The Kalar
Road community Sports Park Phase 1 "Home for Girls Soccer." The report
recommends the following:
1. That the Tender TR9 -2001 for the Landscape Development of the Kalar Road
Community Sports Park Phase 1 "Home for girls Soccer" be awarded to
Stevensville Lawn Service Inc. of Stevensville, Ontario at the tendered cost of
$164,951.20;
2. That the By -law appearing later this evening on the Council agenda authorizing an
agreement with Stevensville Lawn Service Inc. be approved.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
See By -law No. 2001 -240
BY -LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that
leave be granted to introduce the following by -laws, and the by -laws be read a first time:
2001 -234 A by -law to authorize an application to The Regional Municipality of Niagara
for the issuance of debentures for The Corporation of the City of Niagara
Falls with respect to the acquisition of a certain rail line in the City of Niagara
Falls.
2001 -235 A by -law to authorize temporary borrowing to meet expenditures made by
The Corporation of the City of Niagara Falls in connection with the
acquisition of a certain rail line in the City of Niagara Falls.
2001 -236 A by -law to authorize the execution of an agreement with Ground Aerial
Maintenance Services Ltd., for the 2002 -2004 Streetlight Servicing.
2001 -237 A by -law to authorize the execution of an agreement with LaRosa Carrie
Enterprises Ltd., carrying on business as Dominion Paving Company for the
supply of services for the snowplowing of Parking Lots in Area 1.
2001 -238 A by -law to authorize the execution of an agreement with Ken Warden
Construction Ltd., for the supply of services for the snowplowing of Parking
Lots in Area 2.
2001 -239 A by -law to authorize the execution of an agreement with Sommerville
Landscaping Incorporated for the supply of services for the snowplowing of
Parking Lots in Area 3.
2001 -240 A by -law to authorize the execution of an agreement with Stevensville Lawn
Service Inc., respecting the landscape development of the Kalar Road
Community Sports Park Phase 1 "Home for Girls Soccer
2001 -241 A by -law to authorize monies for General Purposes (November 5, 2001)
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2001 -242 A by -law to amend By -law No. 98 -114, as amended, being a by -law for the
establishing of fees, rates and charges regarding licences, certificates,
publications and other services for the City of Niagara Falls.
The motion Carried with Aldermen Craitor and Wing voting contrary to By -law Nos. 2001-
234 and 2001 -235 and Aldermen Fisher, Orr and Volpatti abstaining from the vote on By-
law No. 2001 -234 and 2001 -235 on conflicts of interest previously noted; and Aldermen
Craitor and Volpatti abstaining from the vote on By -law No. 2001 -241 on conflicts of
interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
by -laws be read a second and third time:
2001 -234 A by -law to authorize an application to The Regional Municipality of Niagara
for the issuance of debentures for The Corporation of the City of Niagara
Falls with respect to the acquisition of a certain rail line in the City of Niagara
Falls.
2001 -235 A by -law to authorize temporary borrowing to meet expenditures made by
The Corporation of the City of Niagara Falls in connection with the
acquisition of a certain rail line in the City of Niagara Falls.
2001 -236 A by -law to authorize the execution of an agreement with Ground Aerial
Maintenance Services Ltd., for the 2002 -2004 Streetlight Servicing.
2001 -237 A by -law to authorize the execution of an agreement with LaRosa Carrie
Enterprises Ltd., carrying on business as Dominion Paving Company for the
supply of services for the snowplowing of Parking Lots in Area 1.
2001 -238 A by -law to authorize the execution of an agreement with Ken Warden
Construction Ltd., for the supply of services for the snowplowing of Parking
Lots in Area 2.
2001 -239 A by -law to authorize the execution of an agreement with Sommerville
Landscaping Incorporated for the supply of services for the snowplowing of
Parking Lots in Area 3.
2001 -240 A by -law to authorize the execution of an agreement with Stevensville Lawn
Service Inc., respecting the landscape development of the Kalar Road
Community Sports Park Phase 1 "Home for Girls Soccer".
2001 -241 A by -law to authorize monies for General Purposes (November 5, 2001)
2001 -242 A by -law to amend By -law No. 98 -114, as amended, being a by -law for the
establishing of fees, rates and charges regarding licences, certificates,
publications and other services for the City of Niagara Falls.
The motion Carried with Aldermen Craitor and Wing voting contrary to By -law Nos. 2001-
234 and 2001 -235 and Aldermen Fisher, Orr and Volpatti abstaining from the vote on By-
law No. 2001 -234 and 2001 -235 on conflicts of interest previously noted; and Aldermen
Craitor and Volpatti abstaining from the vote on By -law No. 2001 -241 on conflicts of
interest previously noted and with all others voting in favour.
NEW BUSINESS
His Worship Mayor Thomson thanked Alderman Gary Hendershot for his
attendance at the Council meeting and extended Council's and the community's best
wishes for a speedy recovery.
Santa Claus Parade
Alderman Shirley Fisher invited the community to attend the upcoming Santa Claus
parade that was being held on November 17 at 11 a.m. on Victoria Avenue.
Remembrance Day Services
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that a letter
of congratulations be forwarded to the Chippawa, Branch 396 for holding the first of two
Remembrance Day Services on November 4, 2001. Carried Unanimously.
Condition of Rosberg building
Alderman Norm Puttick referred to the condition of the old Rosberg building and
requested that the matter be referred to Property Standards. It was noted that the
Executive Director of Community Services would look into the matter.
Ontario Disability Act
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that
a letter of congratulations be forwarded to the Hon. Cam Jackson, on his introduction of
the Ontario Disability Act; and to the Disability Committee and all those who were involved.
Carried Unanimously.
Newsletter
Concerns were expressed with respect to Aldermen Craitor and Wing's newsletter
that had been circulated and of the issues, including water meter rates that had been
raised. During the discussions, It was noted that some of the statements made in the
newsletter were inconsistent and inaccurate and be referred to staff.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
matter be referred to staff. Carried Unanimously.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that
the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
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R.O. KALLIO, AC ING CITY CLERK WAYNE THOMSON, MAYOR